Employed by Canadian company overseas

[hamzay]

Hello,
I have read in many places that the residency obligation and preserving your PR is possible if you are employed by a Canadian company and seconded abroad and you can stay abroad and still preserve your pr.

I need to know if there is anything in between the lines like any specific conditions which apply so that my days abroad count and my pr is preserved.

I am a PR working abroad right now, and look forward to joining a Canadian company which has its branch abroad and want me to work there. (not physically in Canada). What are the specifications or conditions I need to put down so that i can see to it that my pr is preserved. Do i have to work in Canada first for some days before i get deputed or something? can i accept this contract while I am abroad??

has anyone preserved their pr in this way ? need your valuable advise.

Thank you

 

[newtone]

The only way you can preserve your PR outside Canada is if you are married to a Canadian, you CANNOT preserve your PR if you are working for a Canadian company

 

[hamzay]

Then what does this mean?? see below :

"Person employed outside Canada on a full-time basis by a Canadian business that does not serve primarily to allow a permanent resident to meet their residence requirement should be prepared to show written employment letters of assignment specifying the duration and terms and conditions of the assignment abroad. As well the resident should be in a position to provide a letter of declaration signed by an authorized officer of the Canadian business which indicates that:
• The business is incorporated under the laws of Canada or a province;
• The business has ongoing activity;
• The nature of the business; length of time in operation in Canada and number of employees in Canada;
• Pay statements;
• Canadian Income Tax Notice of Assessment;
• T4 slips;
• Additional evidence that may be useful.
Adhering to these basic formalities will enable a Canadian a permanent resident to successfully address Canada’s flexible residency rules."

 

[scylla]

The only way you can preserve your PR outside Canada is if you are married to a Canadian, you CANNOT preserve your PR if you are working for a Canadian company

You can in fact preserve your PR status by working for a Canadian company overseas (i.e. these days can be counted towards maintaining your PR status). See Option 2 in the link below:

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

What I don't feel comfortable commenting on is exactly what qualifies under this rule. I had heard that you had to first be hired in Canada (for a position in Canada) and then transfered overseas at a later date to qualify. But I have no idea if this is correct. Hopefully someone smarter than me will comment.

 

[newtone]

If this is true its not a replacement for physical time spent in Canada that carries over to being a citizen. It just preserves your PR.

Perhaps other seniors in this form can shed some light into this

 

[scylla]

If this is true its not a replacement for physical time spent in Canada that carries over to being a citizen. It just preserves your PR.

Perhaps other seniors in this form can shed some light into this

That's correct. The time spent working with a Canadian company overseas is the same as the time spent with a Canadian spouse overseas. It can be counted towards PR - but not towards citizenship.

 

[Michels]

That's correct. The time spent working with a Canadian company overseas is the same as the time spent with a Canadian spouse overseas. It can be counted towards PR - but not towards citizenship.

Correct.. I had a similar situation and my PR got renewed faster than for my family are permanently in Canada..

 

[hamzay]

Yes, I am talking about preserving the residency days for pr renewal only. Can someone with hands on experience verify the quote for me? I'm having the same doubt as below

You can in fact preserve your PR status by working for a Canadian company overseas (i.e. these days can be counted towards maintaining your PR status). See Option 2 in the link below:

http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

What I don't feel comfortable commenting on is exactly what qualifies under this rule. I had heard that you had to first be hired in Canada (for a position in Canada) and then transfered overseas at a later date to qualify. But I have no idea if this is correct. Hopefully someone smarter than me will comment.

 

[Leon]

From what I have heard, they are quite strict on what they consider to be a Canadian employer and I have also heard that you must have been hired in Canada and transferred to another country. However, a lot depends on the visa officer who handles your claim for PR renewal when that time comes.

 

[Michels]

Yes, I am talking about preserving the residency days for pr renewal only. Can someone with hands on experience verify the quote for me? I'm having the same doubt as below

You have to be full time hired by a Canadian incorporated company.. your salary needs to be paid by this company and not a subsidiary.. and you should pay your taxes in Canada.. i.e be deemed resident from Taxation perspective. (now I've been an expat for long time previously and the tax matter is not as easy as it looks like, you end up usually being resident from taxes perspective in 2 countries) afterwards either they send you as an expat abroad or you do business trips the whole 1095 days doesn't matter..

I my case I brought in my T4s and a letter from my employer who are listed on TSX.
My passport was full with stamps.. however the letter and my 3 years T4s were enough.

If you are hired abroad for a Canadian company/brand by this company subsidiary or affiliation or partner.. it does not count! there are also rules with regards to the canadian incorporated company that hires you in order not to have fraud with this regards..